Deborah Poritz

Allen J. Ellender was a loyal lieutenant of Huey Long's Louisiana political machine during a sixty year political career that included 35 years in the United States Senate. He was the Majority Leader of the Louisiana State House of Representatives while Long was Governor, and went to the Senate in 1936 after the Kingfish was assasinated. The old-fashioned Southern Democrat served as Chairman of the Senate Approriations Committee and as Senate President Pro-Tempore -- third in the line of presidential succession.

In 1972, Ellender, 81-years-old and considered to be in good health, was a candidate for re-election to a seventh six-year term. He drew two primary opponents-- 39-year-old moderate J. Bennett Johnston, who had served one term in the Louisiana State Senate before waging an unsuccessful bid for Governor in 1971 -- and political unknown Frank Allen. Few pundits believed Ellender was at any real risk of losing.

But on July 28 -- just 22 days before the Democratic primary -- Ellender complained of stomach pains during a flight back to Washington. He died of a heart attack shortly after.

Allen J. Ellender was a loyal lieutenant of Huey Long's Louisiana political machine during a sixty year political career that included 35 years in the United States Senate. He was the Majority Leader of the Louisiana State House of Representatives while Long was Governor, and went to the Senate in 1936 after the Kingfish was assasinated. The old-fashioned Southern Democrat served as Chairman of the Senate Approriations Committee and as Senate President Pro-Tempore -- third in the line of presidential succession.

In 1972, Ellender, 81-years-old and considered to be in good health, was a candidate for re-election to a seventh six-year term. He drew two primary opponents-- 39-year-old moderate J. Bennett Johnston, who had served one term in the Louisiana State Senate before waging an unsuccessful bid for Governor in 1971 -- and political unknown Frank Allen. Few pundits believed Ellender was at any real risk of losing.

But on July 28 -- just 22 days before the Democratic primary -- Ellender complained of stomach pains during a flight back to Washington. He died of a heart attack shortly after.

Among Chief Justice James Zazzali's appointees today to a Supreme Court committee that will overhaul the legal profession's continuing education standards are Assembly Majority Executive Director Bill Castner and James Lance, twin brother of Senate Minority Leader Leonard Lance. Former Supreme Court Justice Peter Verniero will chair the panel. This is not the first time Castner served on a Supreme Court Committee: former Chief Justice Deborah Poritz appointed Castner, Zazzali's former clerk, to a committee that resolved a dispute between Legal Services of New Jersey and the state's financial services industry in 2005.

Assembly Democrats tell PoliticsNJ.com that there are no plans to honor retiring New Jersey Supreme Court Chief Justice Deborah Poritz with a resolution at the next voting session of the General Assembly in December. But one Republican legislator, Richard Merkt of Morris County, says that he would vote against such a resolution if the Speaker decides to offer it for a vote.

From Merkt: "A simple 'No!', however loudly uttered, does not begin to express adequately my sentiments concerning the lasting harm the outgoing Chief Justice of the New Jersey Supreme Court has done to the state constitution and the people of New Jersey during her tenure in office. Poritz and other of her colleagues have stripped the people of their right to control the growth of state debt. As a direct result of their disregard of the clear intent of Article VIII, state debt has grown from about $4 billion 15 years ago to roughly $32 billion today, with a further $10 billion (at least) on the horizon. Aside from "construing" away key rights reserved by the people under the state constitution, she has displayed utter contempt for the principle of separation of powers and a shameful inability to locate Articles III and IV of the state constitution, respecting same."

"She and other of her colleagues have repeatedly invaded and usurped the constitutional powers of the people's elected representatives, substituting their own personal notions of what the law should be for laws duly enacted by the Legislature and governor. Poritz and her court have made an absolute mockery of representative democracy in New Jersey and pushed the Garden State every closer to a 'juristarchy,' in which unelected judges decide public policies, rather than the people's elected representatives."

"She and her colleagues effectively have invited interest groups of every stripe and flavor routinely to circumvent the democratic legislative process by the simple tactic of filing a lawsuit, which then has allowed the New Jersey Supreme Court to impose its personal predilections as the last word on every public policy from school funding, to land use, to election rules, to same-sex marriage."

"Quite simply, she has been flat out the worst chief justice in the modern era of New Jersey history, and her tenure as a blatantly activist judge has been an ongoing affront to New Jersey as a constitutional democratic republic. The only comment on her departure I could conceivably offer is, 'Thank heavens, she's gone at last!'"

The State Senate has scheduled a vote to confirm James Zazzali as Chief Justice of the New Jersey Supreme Court on October 23rd -- three days before Deborah Poritz leaves office. That means the top court can delay their release of the potentially landmark Gay Marriage decision until after the Senate has voted on Zazzali.

During his confirmation hearing this week, the current Associate Justice and former state Attorney General declined to comment on his vote (which has presumably already been cast and is just awaiting the release of the decision). There are no Senators publicly opposed to Zazzali's nomination, but if his confirmation is followed by the release of a no vote on gay marriage, some leaders of the New Jersey Democratic Party's more progressive wing will clearly be unhappy -- including a handful of Democratic State Senators.

The New Jersey Supreme Court returned to work this week after a four month recess with Chief Justice Deborah Poritz still in charge. Poritz must leave office by October 26, when she reaches the mandatory retirement age of seventy. Governor Jon Corzine has still not announced his choice to succeed her, although the most common buzz is that Corzine will elevate Associate Justice James Zazzali to the top post and then appoint a Republican -- New Jersey Governors traditionally maintain a partisan balance to the Supreme Court -- to Zazzali's seat. Zazzali turns seventy next year, which could allow Corzine to send his incoming Attorney General, Stuart Rabner, to the Supreme Court as Chief Justice.

Governor Jon Corzine is expected to nominate a new Chief Justice of the New Jersey Supreme Court sometime this summer to replace Deborah Poritz, who will reach the mandatory retirement age of seventy in the fall. Speculation still centers around Associate Justice James Zazzali, a Democrat, who would take the post until he turns seventy in 2007.

When Governor Jon Corzine returns to work next week after a grueling week-long trade mission to China, he'll enter the final stretch of the process to get his first state budget approved by the Legislature before the June 30 deadline. After that, one of the key items on the fledgling Governor's agenda will be the appointment of a new Chief Justice of the New Jersey Supreme Court. Deborah Poritz, who reaches the mandatory retirement age of seventy on October 26, is expected to step down this summer so that her replacement will be in office when the top court convenes in the fall.

There is continued speculation that Corzine will elevate a Democratic Associate Justice, James Zazzali, to Chief, and maintain the traditional partisan balance of the Supreme Court by picking a Republican for Zazzali's seat. Zazzali, who served as state Attorney General under Governor Brendan Byrne and was named to the bench by GOP Governor Christine Todd Whitman in 2000, would serve as Chief Justice for about a year. He'll turn seventy on June 17, 2007, which would allow Corzine to appoint a Democrat to serve as Chief Justice on a potentially long-term basis.

If Corzine opts for a Republican appointment, possible candidates include Senate Minority Leader Leonard Lance and state Appellate Court Judge Ariel Rodriguez.

Senate Minority Leader Leonard Lance's vote to confirm Zulima Farber as state Attorney General has fueled speculation that he wants the next Republican seat on the New Jersey Supreme Court. Lance, who won a second term as Minority Leader in November against the more conservative Anthony Bucco, was one of four Republicans to support Farber, and has been among the few Republicans willing to extend Jon Corzine the courtesy of a traditonal honeymoon period as he settles into the governorship. Corzine will have at least two Supreme Court appointments over the next two years: the first later this year, when Chief Justice Deborah Poritz, a Republican, reaches the mandatory retirement age of seventy; and in 2007, when Justice James Zazzali, turns 70. There has been some talk that Corzine could promote one of the Democratic Associate Justices to Chief and name a Republican to Poritz's seat -- one candidate for Chief Justice is John Wallace, who was named to the Supreme Court in 2003 (he got the seat that was expected to go to Farber). Wallace, whose wife was a staffer in Corzine's Senate office, could become the state's first African American Chief Justice (not a bad move for a Governor with presidential aspirations), and the first South Jerseyan to hold the post under the current state Constitution.

If Lance were to go to the Supreme Court this year, it would spark a hotly contested race for his 23rd district Senate seat. The front runner would be Assemblyman Michael Doherty, a Warren County Republican who is among the state's most conservative legislators. But Hunterdon County, which has about 55% of the district's population, may not be eager to cede the Senate seat. In a Special Election Convention, where only County Committee vote, newly-elected Assemblywoman Marcia Karrow, a former Hunterdon County Freeholder, could take advantage of a rare opportunity to run for the Senate without giving up an Assembly seat. Former Freeholder Frank Fuzo, who lost a primary campaign for Assembly to Karrow last year, could have more strength among County Committee members than he did with rank-and-file voters. Similarly, Doherty is more popular among voters in Warren County than he is with party regulars -- perhaps the lingering effects of a bruising primary battle with former Assembly Speaker Garabed "Chuck" Haytaian in 2003.